190019-CONTRACT DBA.PDF

JOB ORDER CONTRACT
BETWEEN
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
AND
DBA Construction, Inc.
FOR
MCDOT ADA Modernization Services JOC
SERIAL # 190019-JOC
MCDOT CONTRACT # 2018-039 & 2018-040
AGENDA # _____________________

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
MCDOT CONTRACT # 2018-039 & 2018-040
TABLE OF CONTENTS
Table of Contents
TABLE OF CONTENTS ............................................................................................... 2
ARTICLE I - SCOPE OF WORK: ................................................................................ 3
ARTICLE II - CONTRACT DOCUMENTS: ................................................................ 3
ARTICLE III - TIME OF COMPLETION:................................................................... 4
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE: ....................... 4
ARTICLE V – PAYMENTS:......................................................................................... 4
ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR
TASK ORDER .............................................................................................................. 5
VI-A TERMINATION BY THE OWNER FOR CAUSE 5
VI-B SUSPENSION BY THE OWNER FOR CONVENIENCE 6
VI-C OWNER'S TERMINATION FOR CONVENIENCE 6
ARTICLE VII - NEGOTIATION CLAUSE: ................................................................. 8
ARTICLE VIII - COMPLIANCE WITH LAWS: .......................................................... 8
ARTICLE IX - SBE PROGRAM: ................................................................................. 9
ARTICLE X - ANTI-DISCRIMINATION PROVISION: .............................................. 9
ARTICLE XI - INDEMNIFICATION: .......................................................................... 9
ARTICLE XII - INSURANCE REQUIREMENTS: ....................................................... 9
ARTICLE XIII – INFLUENCE: ................................................................................... 11
ARTICLE XIV – TITLE VI: ......................................................................................... 12
Signature ...................................................................................................................... 13
STATUTORY PAYMENT BOND ................................................................................. 14
STATUTORY PERFORMANCE BOND ....................................................................... 15
CERTIFICATE OF INSURANCE ................................................................................ 16
NO COLLUSION AFFIDAVIT ..................................................................................... 17
VERIFICATION OF LICENSE .................................................................................... 18
AFFIDAVIT OF COMPLIANCE .................................................................................. 19
MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM ......................... 20
Certificate of Performance and Payment of ALL Claims ............................................... 21
ON CALL CONSTRUCTION PAYMENT REQUEST .................................................. 22
TITLE VI ASSURANCES ............................................................................................. 23
EXHIBIT A-SCOPE OF WORK ................................................................................... 24
EXHIBIT B-FEE SCHEDULE ...................................................................................... 25
MCDOT Contract #. 2018-039 & 2018-040 Page 2 of 25

MCDOT CONTRACT # 2018-039 & 2018-040
Job Order Contract for MCDOT ADA Modernization Services JOC
The Maricopa County Department of Transportation, hereinafter called the COUNTY, is desirous
of having Job Order Contract for MCDOT ADA Modernization Services JOC performed when
requested by the Maricopa County Department of Transportation through a specific Work
Assignment for those services more fully described in Exhibit A, General Scope of Work, and
Exhibit B, Unit Price List; and DBA Construction, Inc. hereinafter called “CONTRACTOR”,
with its principal offices located at P.O. Box 63035, Phoenix, Arizona 85082, 602-442-6767, is
desirous of performing said services;
THIS AGREEMENT, made and entered into this 18th day of _December_, 2018, by and between
MARICOPA COUNTY acting by and through its BOARD OF SUPERVISORS, and DBA
Construction, Inc..
WITNESSETH: The contract term will be for a period of one (1) year with four (4) one year
options to renew the contract for a total of five (5) years maximum per contract. The
CONTRACTOR shall be paid a fee not-to-exceed Three Million Dollars and No Cents,
($3,000,000.00) per contract year, One Million Dollars and No Cents ($1,000,000.00) maximum
limit per individual task order for complete and satisfactory performance of work under this
contract in accordance with the Scope of Work and the detailed Scope(s) of Work in the manner and
at the times hereinafter provided, and of the other covenants and agreements herein contained,
hereby agrees for himself, heirs, executors, administrators, successors, and assigns as follows:
ARTICLE I - SCOPE OF WORK:
The CONTRACTOR, under the general supervision of the Department of Transportation Director
shall perform MCDOT ADA Modernization Services JOC as are necessary for the Work
Assignment and according to the directions and designated standards of the COUNTY, and in
accordance with Exhibit A, General Scope of Work. It is understood and agreed that the
COUNTY’s authorized representative shall be the Department of Transportation Director or his/her
duly authorized representative, hereinafter called the “Agent”. For purposes of this contract, the
Agent’s duly authorized representative shall be the Project Manager and he/she shall be the sole
contact for administering this contract.
CONTRACTOR shall provide services, and complete in a workmanlike and substantial manner
and to the satisfaction of the Department of Transportation Director, project MCDOT ADA
Modernization Services JOC under work assignments for the Maricopa County Department of
Transportation, and furnish at its own cost and expense all necessary machinery, equipment, tools,
apparatus, and labor to complete the work in the most substantial and workmanlike manner
according to the Specifications and Work Assignment on file with the Maricopa County Department
of Transportation, and such modifications of the same and other directions that may be made by the
Maricopa County Department of Transportation as provided herein. The CONTRACTOR shall
meet periodically with the County Agent so as to keep the COUNTY informed of the progress of
the work in accordance with each work assignment.
ARTICLE II - CONTRACT DOCUMENTS:
The Contract Documents (Plans, Specifications, Addenda, if any, Affidavits, Performance Bond,
Payment Bond, Certificates of Insurance, and Change Orders, if any) are by this reference made a
part of this Contract and shall have the same effect as though all of the same were fully inserted
herein.
MCDOT Contract #. 2018-039 & 2018-040 Page 3 of 25

ARTICLE III - TIME OF COMPLETION:
CONTRACTOR further covenants and agrees at its own proper cost and expense, to complete all
work for the construction of assigned MCDOT ADA Modernization Services JOC and to
completely construct the same and provide the services therein, as called for by this agreement free
and clear of all claims, liens, and charges whatsoever, in the manner and under the conditions
specified within the time, or times, stated in the Work Assignment.
ARTICLE IV - WORK ASSIGNMENTS AND PERIOD OF SERVICE:
Within the guidelines set forth in Exhibit A, General Scope of Work, a detailed scope of work
will be developed for each Work Assignment and incorporated herein by reference, and if
applicable, a Small Business Enterprise goal will be established. A not-to-exceed fee will be
negotiated for each Work Assignment consistent with Exhibit B, Unit Price List.
The CONTRACTOR shall complete all work in accordance with the provisions of Exhibit A,
General Scope of Work and the detailed Scope of Work as negotiated for each specific Work
Assignment. Performance for a Work Assignment shall commence only upon receipt of the
Agent’s written notice to proceed. Work Assignments may be issued at any time during the term
of this Contract. This Contract will remain in full force and effect during the performance of any
Work Assignment.
This contract shall be effective for a period of one (1) year from the Board award date and may
be renewed, if mutually agreed to by both the CONTRACTOR and the COUNTY, for an
additional four (4) 1-year periods. Market escalations in material costs may be negotiated upon
written request from the Contractor.
ARTICLE V – PAYMENTS:
For and in consideration of the satisfactory performance of the work herein embraced as set forth
in the Contract Documents, which are a part hereof, and in accordance with the directions of the
COUNTY, through its Engineer and to its satisfaction, the COUNTY agrees to pay the said
CONTRACTOR the amount earned, computed from actual quantities of work performed and
accepted, or materials furnished at the price listed on the Work Assignment Proposal made a part
hereof, and to make such payment in accordance with the requirements of A.R.S. Sec. 34-607, as
amended. CONTRACTOR agrees to discharge its obligations and make payments to its
subcontractors and suppliers in accordance with A.R.S. Sec. 34-607.
The COUNTY does not guarantee any minimum or maximum fee during the period of this
contract, and Contractor, in accepting this contract, does not anticipate any minimum or
maximum fee.
The COUNTY shall pay the CONTRACTOR in full for each Work Assignment upon
satisfactory completion and acceptance by the COUNTY, provided the Contractor returns the
executed Certificate of Performance furnished by the Agent. Should an assignment require more
than thirty (30) days to complete, the Contractor may invoice progress payments based on
COUNTY approved monthly progress reports and subject to the limitations set forth in the
Scope of Work negotiated for each Work Assignment.
Upon completion of each Work Assignment under this contract, the CONTRACTOR will
furnish to the COUNTY an executed Certificate of Performance. The Certificate of
Performance must be notarized.
MCDOT Contract #. 2018-039 & 2018-040 Page 4 of 25

ARTICLE VI- TERMINATION OR SUSPENSION OF THE CONTRACT OR TASK
ORDER
VI-A TERMINATION BY THE OWNER FOR CAUSE
VI-A.1 Criteria for Termination for Cause: The Owner may terminate the
Contract or terminate a Task Order if the Job Order Contractor:
VI-A.2 Repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
VI-A.3 Repeatedly disregards laws, ordinances, rules, regulations, or orders of
a public authority having jurisdiction;
VI-A.4 Materially breaches any provision of the Contract or Task Order;
VI-A.5 Fails to furnish the Owner with assurances satisfactory to the Owner
evidencing the Job Order Contractor’s ability to complete the Work for
the Task Order in compliance with all the requirements of the
Contract; or
VI-A.6 Fails after commencement of the Work to proceed diligently and
continuously with the construction and completion of the Work for
more than seven (7) days, except as permitted under the Contract.
VI-A.7 Repeatedly refuses or fails to carry out Safety provisions as required
by Contract;
VI-A.8 Fails to make payment to Subcontractors for materials or labor in
accordance with the respective agreements between the Job Order
Contractor and the Subcontractors.
VI-A.9 Effect of Termination for Cause: When any of the above conditions
exist, the Owner, may without prejudice to any other rights or
remedies of the Owner, and after giving the Job Order Contractor and
the Job Order Contractor’s Surety, if any, three (3) days' written
notice, terminate the Contract or Task Order and may, subject to any
prior rights of the Surety:
VI-A.10 Take possession of the Site and all materials, equipment, tools, and
construction equipment machinery thereon owned by the Job Order
Contractor;
VI-A.11 Accept assignment of subcontracts pursuant to Article 5.4; and
VI-A.12 Finish the Work for the Task Order by whatever reasonable method
the Owner may deem expedient.
VI-A.13 Job Order Contractor Right to Receive Payment: When the Owner
terminates the Contract or a Task Order for one of the reasons stated in
Article VI-A.2-VI-A.8, the Job Order Contractor shall not be entitled
MCDOT Contract #. 2018-039 & 2018-040 Page 5 of 25

to receive further payment for the Task Order until the Work is
finished.
VI-A.14 Costs for Finishing Work: If the unpaid balance of the Contract Sum
exceeds costs of finishing the Work for the Task Order, including
compensation for the Owner’s services and expenses made necessary
thereby, such excess shall be paid to the Job Order Contractor. If such
costs exceed the unpaid balance, the Job Order Contractor shall pay
the difference to the Owner. The amount to be paid to the Job Order
Contractor or Owner, as the case may be, shall, upon application, be
certified after consultation with the Owner, and this obligation for
payment shall survive termination of the Contract.
VI-B SUSPENSION BY THE OWNER FOR CONVENIENCE
VI-B.1 Owner's Right: The Owner may, without cause, order the Job Order
Contractor in writing to suspend, delay, or interrupt the Work for a
Task Order in whole or in part for such period of time as the Owner
may determine.
VI-B.2 Adjustment in Task Order Sum. An adjustment shall be made for
increases in the cost of performance of the Task Order, including profit
on the increased cost of performance, caused by suspension, delay, or
interruption. No adjustment shall be made to the extent:
VI-B.3 that performance is, was, or would have been so suspended, delayed,
or interrupted by another cause for which the Job Order Contractor is
responsible; or
VI-B.4 that an equitable adjustment is made or denied under another provision
of this Contract.
VI-B.5 Method for Adjustment in Task Order Sum: Adjustments made in the
cost of performance may have a mutually agreed fixed or percentage
fee.
VI-C OWNER'S TERMINATION FOR CONVENIENCE
VI-C.1 Effect of Termination for Convenience: The Owner reserves the right
to terminate the Contract or a Task Order for convenience and without
cause, even if Job Order Contractor has not failed to perform any part
of the Contract or a Task Order. Termination of the Task Order Work
shall be effected by written notice to the Job Order Contractor. Upon
receipt of such notice, Job Order Contractor shall, unless the notice
otherwise directs:
VI-C.2 Immediately discontinue the Work of the Task Order and the placing
of all orders and subcontracts in connection with this Contract;
VI-C.3 Immediately cancel all of the existing orders and subcontracts made
hereunder or for the Task Order involved;
MCDOT Contract #. 2018-039 & 2018-040 Page 6 of 25

VI-C.4 Immediately transfer to the Owner all materials, supplies, Work in
progress, appliances, facilities, machinery, and tools acquired by the
Job Order Contractor in connection with the performance of the
Contract or the Task Order, and take such action as may be necessary
or as the Owner may direct for protection and preservation of the
Work relating to this Contract; and
VI-C.5 Deliver all plans, Drawings, Specifications, and other necessary
information to Owner.
VI-C.6 Job Order Contractor’s Exclusive Remedy: If the Owner terminates
the Contract or a Task Order for convenience, the following shall be
the Job Order Contractor’s exclusive remedy:
VI-C.7 Reimbursement of all actual expenditures and costs approved by the
Owner as having been made or incurred in performing the Work;
VI-C.8 Reimbursement of expenditures made and costs incurred with the
Owner's prior written approval in settling or discharging outstanding
commitments entered into by the Job Order Contractor in performing
the Contract; and
VI-C.9 Payment of profit, in so far as profit is realized hereunder, of an
amount equal to the estimated profit on any Task Order Work
underway at the time of termination multiplied by the percentage of
completion of the Work. In no event shall the Job Order Contractor be
entitled to anticipated fees or profits on Work not required to be
performed.
VI-C.10 Warranties, Guarantees, and Indemnities to Remain in Effect: All
obligations of the Job Order Contractor under the Contract with
respect to completion of the Work, including but not limited to all
warranties, guarantees, and indemnities, shall apply to all Work
completed or substantially completed by the Job Order Contractor
prior to a convenience termination by the Owner. Notwithstanding the
above, any convenience termination by the Owner or payments to the
Job Order Contractor shall be without prejudice to any claims or legal
remedies that the Owner may have against the Job Order Contractor
for any cause.
VI-C.11 Conversion of Termination for Cause to Termination for Convenience:
Upon a determination that a termination of this Contract or a Task
Order, other than a termination for convenience, under this Article was
wrongful or improper for any reason, such termination shall
automatically be deemed converted to a convenience termination
under this Article VI, and the Job Order Contractor’s remedy for such
wrongful termination shall be limited to the recoveries specified under
Article VI-C.6.
MCDOT Contract #. 2018-039 & 2018-040 Page 7 of 25

VI-C.12 Remedy Limited to Damages: In the event that Job Order Contractor
is terminated, whether for cause or convenience, the Job Order
Contractor’s sole remedy shall be for damages. In no event shall Job
Order Contractor be entitled to reinstatement or other equitable relief
from a court or through Alternative Dispute Resolution as provided in
Exhibit B.
VI-C.13 Notice that Contract is Subject to Termination Provisions of A.R.S.
§ 38-511: The parties acknowledge, and as required by law, notice is
hereby given that this Contract is subject to A.R.S. § 38-511.
VI-C.14 NON-DISCRIMINATION: CONTRACTOR agrees to comply with
all provisions and requirements of Arizona Executive Order 2009-09
including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive order
99-4 and amends Executive order 75-5 and may be viewed and
downloaded at the Governor of the State of Arizona’s website
http://www.azgovernor.gov/dms/upload/EO_2009_09.pdf which is
hereby incorporated into this contract as if set forth in full herein.
During the performance of this contract, CONTRACTOR shall not
discriminate against any employee, client or any or any other
individual in any way because of that person’s age, race, creed, color,
religion, sex, disability or national origin.
ARTICLE VII - NEGOTIATION CLAUSE:
Recovery of damages related to expenses incurred by CONTRACTOR for a delay for which the
COUNTY is responsible, which is unreasonable under the circumstances and which was not within
the contemplation of the parties to the contract, shall be negotiated between CONTRACTOR and
the COUNTY. This provision shall be construed so as to give full effect to any provision in the
contract, which requires notice of delays, provides for arbitration or other procedure for settlement
or provides for liquidated damages.
ARTICLE VIII - COMPLIANCE WITH LAWS:
CONTRACTOR is required to comply with all Federal, State and local ordinances and regulations.
CONTRACTOR'S signature on this contract certifies compliance with the provisions of the I-9
requirements of the Immigration Reform Control Act of 1986 for all personnel that
CONTRACTOR and any subcontractors employ to complete this project. It is understood that the
COUNTY shall conduct itself in accordance with the provisions of the Maricopa County
Procurement Code.
The CONTRACTOR warrants that it is in compliance with A.R.S. §41-4401 and further
acknowledges:
VIII.A That the CONTRACTOR and its sub-contractors, if any, warrant their
compliance with all federal immigration laws and regulations that relate
to their employees and their compliance with A.R.S. §23-214,
subsection A; after December 31, 2007, every employer, after hiring an
employee, shall verify the employment eligibility of the employee
MCDOT Contract #. 2018-039 & 2018-040 Page 8 of 25

through the e-verify program and shall keep a record of the verification
for the duration of the employee’s employment or at least three years,
whichever is longer.
VIII.B That a breach of a warranty under subsection 1 above, shall be deemed a
material breach of the contract that is subject to penalties up to and
including termination of the contracts;
VIII.C That the contracting government entity retains the legal right to inspect
the papers of any CONTRACTOR or sub-contractor employee who
works on the contract to ensure that the CONTRACTOR or sub-
contractor is complying with the warranty provided under subsection 1
above and that the CONTRACTOR agrees to make all papers and
employment records of said employee(s) available during normal
working hours in order to facilitate such an inspection.
VIII.D That nothing herein shall make any CONTRACTOR or sub-contractor an
agent or employee of the contracting government entity.
ARTICLE IX - SBE PROGRAM:
It is Maricopa County’s policy to endeavor to ensure in every way possible that small business
participation firms shall have the opportunity to provide professional services, materials, and
contractual services to the County in a nondiscriminatory manner.
ARTICLE X - ANTI-DISCRIMINATION PROVISION:
CONTRACTOR agrees not to discriminate against any employee or applicant for employment
because of race, age, color, religion, sex, disability, or national origin, and further agrees not to
engage in any unlawful employment practices. CONTRACTOR further agrees to insert the
foregoing provision in all subcontracts hereunder.
ARTICLE XI - INDEMNIFICATION:
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold
harmless COUNTY, its agents, representatives, officers, directors, officials, and employees from
and against all claims, damages, losses and expenses, including reasonable attorney fees and
court costs, but only to the extent caused by the negligence, reckless or intentional wrongful
conduct of the consultant or others persons employed or used by the consultant in the
performance of the contract or subcontract. “Other persons employed or used” means a
subconsultant to a consultant or design professional in any tier, or any
other person or entity who performs work or design professional services, or provides labor,
services, materials or equipment in connection with the contract.
The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph. The scope of this
indemnification does not extend to the sole negligence of COUNTY.
ARTICLE XII - INSURANCE REQUIREMENTS:
MCDOT Contract #. 2018-039 & 2018-040 Page 9 of 25

CONTRACTOR, at CONTRACTOR'S own expense, shall purchase and maintain the herein
stipulated minimum insurance from a company or companies duly licensed by the State of
Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona
licensing, the stipulated insurance may be purchased from a company or companies, which are
authorized to do business in the State of Arizona, provided that said insurance companies meet
the approval of COUNTY. The form of any insurance policies and forms must be acceptable to
COUNTY.
All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of COUNTY, constitute a material breach
of this Contract.
CONTRACTOR’S insurance shall be primary insurance as respects COUNTY, and any
insurance or self-insurance maintained by COUNTY shall not contribute to it.
Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the COUNTY’S right to coverage afforded under
the insurance policies.
The insurance policies may provide coverage that contains deductibles or self-insured retentions.
Such deductible and/or self-insured retentions shall not be applicable with respect to the
coverage provided to COUNTY under such policies. CONTRACTOR shall be solely
responsible for the deductible and/or self-insured retention and COUNTY, at its option, may
require CONTRACTOR to secure payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit.
COUNTY reserves the right to request and to receive, within 10 working days, certified copies
of any or all of the herein required insurance policies and/or endorsements. COUNTY shall not
be obligated, however, to review such policies and/or endorsements or to advise
CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall
not relieve CONTRACTOR from, or be deemed a waiver of COUNTY’S right to insist on
strict fulfillment of CONTRACTOR’S obligations under this Contract.
The insurance policies required by this Contract, except Workers’ Compensation, and Errors and
Omissions, shall name COUNTY, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
The policies required hereunder, except Workers’ Compensation, and Errors and Omissions,
shall contain a waiver of transfer of rights of recovery (subrogation) against COUNTY, its
agents, representatives, officers, directors, officials and employees for any claims arising out of
CONTRACTOR’S work or service.
CONTRACTOR is required to procure and maintain the following coverages indicated by a
checkmark:
MCDOT Contract #. 2018-039 & 2018-040 Page 10 of 25

 Commercial General Liability
Commercial General Liability insurance and, if necessary, Commercial Umbrella
insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000
Products/Completed Operations Aggregate, $4,000,000 General Aggregate Limit, and
$2,000,000 Personal & Advertising Injury. The policy shall include coverage for bodily
injury, broad form property damage, personal injury, products and completed operations
and blanket contractual coverage, and shall not contain any provision which would serve
to limit third party action over claims. There shall be no endorsement or modification of
the CGL limiting the scope of coverage for liability arising from explosion, collapse, or
underground property damage.
 Automobile Liability
Commercial/Business Automobile Liability insurance and, if necessary, Commercial
Umbrella insurance with a combined single limit for bodily injury and property damage
of not less than $2,000,000 each occurrence with respect to any of the
CONTRACTOR’S owned, hired, and non-owned vehicles assigned to or used in
performance of the CONTRACTOR’S work or services under this Contract.
 Workers’ Compensation
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of CONTRACTOR’S employees engaged in the
performance of the work or services under this Contract; and Employer’s Liability
insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each
employee, and $1,000,000 disease policy limit.
CERTIFICATES OF INSURANCE
Prior to commencing work or services under this Contract, CONTRACTOR shall furnish
COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or formal
endorsements as required by the Contract in the form provided by the County, issued by
CONTRACTOR’S insurer(s), as evidence that policies providing the required coverages,
conditions and limits required by this Contract are in full force and effect. Such certificates shall
identify this contract number and title.
In the event any insurance policy(ies) required by this contract is(are) written on a “claims
made” basis, coverage shall extend for two years past completion and acceptance of
CONTRACTOR’S work or services and as evidenced by annual Certificates of Insurance.
If a policy does expire during the life of the Contract, a renewal certificate must be sent to
COUNTY fifteen (15) days prior to the expiration date.
CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without thirty (30)
days prior written notice to COUNTY.
ARTICLE XIII – INFLUENCE:
As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence
an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical
conduct, may be grounds for Disbarment or Suspension under MC1-902.
An attempt to influence includes, but is not limited to:
MCDOT Contract #. 2018-039 & 2018-040 Page 11 of 25

XIII-A Person offering or providing a gratuity, gift, tip, present, donation,
money, entertainment or educational passes or tickets, or any type
valuable contribution or subsidy,;
XIII-B That is offered or given with the intent to influence a decision, obtain a
contract, garner favorable treatment, or gain favorable consideration of
any kind.
If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy
provided by this contract.
ARTICLE XIV – TITLE VI:
The Maricopa County Department of Transportation, in accordance with the provisions of Title
VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations,
hereby notifies all advertisement, disadvantaged business enterprises will be afforded full and
fair opportunity to submit bids in response to this invitation and will not be discriminated against
on the grounds of race, color, or national origin in consideration for an award.
(END OF SECTION)
MCDOT Contract #. 2018-039 & 2018-040 Page 12 of 25

IN WITNESS WHEREOF: Five (5) identical counterparts of this Contract, each of which shall for
all purposes be deemed an original thereof, have been duly executed by the parties hereinabove
named, on the date and year first above written.
DBA Construction, Inc.
Party of the First Part
By: Tom Drysdale
Printed Name
Signature
Title: President
Date: December 18, 2018
86-0842477
Tax Identification Number
Maricopa County Department of Transportation
Party of the Second Part
RECOMMENDED BY: LEGAL REVIEW:
Approved as to form and within the
Powers and authority granted under the
Jennifer Toth, P.E. laws of State of Arizona to Maricopa
County Engineer/Transportation Director County.
By:
Date: Deputy County Attorney
Date:
BOARD OF SUPERVISOR'S APPROVAL:
By:
Chairman, Board of Supervisors
Date:
ATTEST:
By:
Clerk of the Board
MCDOT Contract It. 2018-039 & 2018-040 Page 13 of 25

STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED
STATUTES (Penalty of this bond must be 100% of the Work Assignment amount)
KNOW ALL MEN BY THESE PRESENTS:
That, (hereinafter called
the Principal), As Principal, and a
corporation organized and existing under the laws of the State of ,
with its principal office in the City of (hereinafter called
the Surety), as Surety, are held and firmly bound unto Maricopa County (hereinafter called the
Obligee), in the amount of ($ ) themselves, and their heirs, administrators, executors, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated
the 18th day of December, 2018, for WORK ORDER NO. ________________, CONTRACT
TITLE - MCDOT ADA Modernization Services JOC,Work Assignment No.
___________________ which contract is hereby referred to and made a part hereof as fully and to
the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal promptly pays all monies due to all persons supplying labor or materials to the
Principal or the Principal's subcontractors in the prosecution of the work provided for in the
contract, this obligation is void. Otherwise it remains in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title
34, Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this bond shall be
determined in accordance with the provisions, conditions and limitations of Title 34, Chapter 6,
Article 1, Arizona Revised Statutes, to the same extent as if it was copied at length in this
Agreement.
The prevailing party in a suit on this bond shall recover as a part of the judgment
reasonable attorney's fees that may be fixed by the court or a judge thereof.
Witness our hands this day of , 20 .
PRINCIPAL SEAL
BY:
AGENT OF RECORD, STATE OF AZ
AGENT ADDRESS SURETY SEAL
BOND NUMBER: BY:
MCDOT Contract #. 2018-039 & 2018-040 Page 14 of 25

STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED
STATUTES (Penalty of this bond must be 100% of the Work Assignment amount)
KNOW ALL MEN BY THESE PRESENTS:
That, (hereinafter called
the Principal), as Principal, and a corporation
organized and existing under the laws of the State of , with its principal
office in the City of (hereinafter called
the Surety), as Surety, are held and firmly bound unto Maricopa County, (hereinafter called the
Obligee) in the amount of ($ ) for the payment whereof, the said Principal and Surety bind
themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with Obligee, dated the 18th
day of December, 2018, for WORK ORDER NO. ________________, CONTRACT TITLE -
MCDOT ADA Modernization Services JOC,Work Assignment No. ___________________,
which contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH,
that if the said Principal shall faithfully perform and fulfill all the undertakings, covenants, terms,
conditions and agreements of said contract during the original term of said contract and any
extension thereof, with or without notice to the Surety, and during the life of any guaranty
required under the contract, and shall also perform and fulfill all the undertakings, covenants,
terms, conditions, and agreements of any and all duly authorized modifications of said contract
that may hereafter be made, notice of which modifications to the Surety being hereby waived;
then the above obligation shall be void, otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34,
Chapter 6, Article 1, of the Arizona Revised Statutes, and all liabilities on this bond shall be
determined in accordance with the provisions of said Title, Chapter, and Article, to the extent as if it
was copied at length herein.
The prevailing party in a suit on this bond shall be entitled to such reasonable attorney's fees
as may be fixed by a judge of the court.
Witness our hands this day of , 20 .
___________________________________
PRINCIPAL SEAL
______________________________
AGENT OF RECORD, STATE OF AZ By:
_________________________________
______________________________
AGENT ADDRESS ___________________________________
SURETY SEAL
BOND NUMBER:_________________
BY:_________________________________
MCDOT Contract #. 2018-039 & 2018-040 Page 15 of 25

Maricopa County Department of Transportation
CERTIFICATE OF INSURANCE
SERIAL NO. 190019-JOC PROJECT TITLE: Job Order Contract for MCDOT ADA Modernization Services JOC
NAME AND ADDRESS OF INSURANCE AGENCY: *COMPANIES AFFORDING COVERAGES:
Company A
Letter
Company B
Letter
Company C
Letter
NAME AND ADDRESS OF INSURED: Company D
Letter
Company E
Letter
Company F
Letter
This certificate of insurance certifies that policies of insurance listed below have been issued to the insured named above and are in full force at this time.
EFFECTIVE EXPIRATION
*CO. TYPE OF INSURANCE POLICY DATE DATE
LTR. NUMBER (MM/DD/YY) (MM/DD/YY)
LIMITS
GENERAL LIABILITY:
 COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE $4,000,000
: Claims Made : Occur
PRODUCTS/COMPLETED $4,000,000
: PREMISES OPERATIONS OPERATIONS AGGREGATE
: BLANKET CONTRACTURAL
EACH OCCURRENCE $2,000,000
: BROAD FORM PROPERTY
DAMAGE PERSONAL & ADVERTISING $2,000,000
: PERSONAL INJURY INJURY
: PRODUCTS AND COMPLETED
OPERATIONS HAZARD
: XCU HAZARDS
: INDEPENDENT CONTRACTORS
: OWNER’S AND CONTRACTOR’S
PROTECTIVE LIABILITY
AUTOMOBILE LIABILITY:
Combined Single Limit $2,000,000
: ANY AUTO
Bodily Injury $2,000,000
: ALL OWNED AND NON-OWNED
AUTOS Property Damage $2,000,000
Per person/Per accident $2,000,000
: EXCESS LIABILITY Each occurrence $
: Umbrella Form Aggregate $
: Other than Umbrella Form
: WORKERS’ COMPENSATION STATUTORY LIMITS AND
EMPLOYER’S LIABILITY: $1,000,000
AND EMPLOYERS’ LIABILITY EACH ACCIDENT
DISEASE: EACH EMPLOYEE $1,000,000
DISEASE: POLICY LIMIT $1,000,000
Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County, and their
: OTHER: agents, representatives, officers, Directors, Officials, and employees are named as Additional Insured’s.
Except for Workers’ Compensation and Professional Liability Insurance, the Maricopa County Department of Transportation, and their agents, representatives, officers,
Directors, Officials, and employees are named as Additional Insured’s on those types of policies described herein which are required to be furnished by this contract entered into
between the insured and MCDOT. To the extent provided in Contract, insured shall hold harmless MCDOT from liability arising out of any services provided or duty performed
by insured as required by statute, law, purchase order or otherwise required, with the exception of liability for loss or damage resulting from the sole negligence of MCDOT, its
agents, employees, or indemnities. It is agreed that any insurance available to the named insured shall be primary of other sources that may be available. It is further agreed that
no policy shall expire, be cancelled, or materially changed to affect the coverage available to MCDOT without thirty (30) days written notice to MCDOT. THIS
CERTIFICATE IS NOT VALID UNLESS COUNTERSIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY.
MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION DATE ISSUED:
2901 WEST DURANGO STREET
PHOENIX, ARIZONA 85009 AUTHORIZED REPRESENTATIVE
MCDOT Contract #. 2018-039 & 2018-040 Page 16 of 25

NO COLLUSION AFFIDAVIT
BY CONTRACTOR
CERTIFYING THAT THERE WAS NO COLLUSION
IN SUBMITTING FOR CONTRACT
STATE OF ARIZONA
)§
COUNTY OF MAR1COPA )
Tom Drysdale being first duly sworn, deposes and says:
That he is President of DBA Construction, Inc.
(Title) (Name of Business)
submitting on MCDOT Contract No. 2018-039 & 2018-040 for the construction of Job Order
Contract for MCDOT ADA Modernization Services JOC in the County of Maricopa, State of
Arizona.
That, in connection with the above-mentioned project, neither he, nor anyone associated with the
aforesaid business, has, directly or indirectly, participated in any collusion, entered into any
contract, combination, conspiracy or other act in restraint of trade or commerce in violation of the
provisions of A.R.S. § 34-251, Article 4, as amended.
(SignIture of Affiant)
December
Subscribed and sworn to before me this 18th day of •, 20 18
My Commission Expires:
JEANETTE L SAPON
November 16, 2019 NOTARY PUBLIC, ARIZONA
MARICOPA COUNTY
My Commission Expires
November 16,2019
(Notary Public)
MCDOT Contract #. 2018-039 & 2018-040 Page 17 of 25

VERIFICATION OF LICENSE
Pursuant to A.R.S. § 32-1169, I hereby state that I hold a current contractor's license, duly issued by
the office of the Registrar of Contractors for the State of Arizona, said license has not been revoked,
that the license number, classification, and expiration date is:_; 125006-A - General Engineering - June 25, 2019
that my privilege license number (as required by A.R.S. § 42-1305) is: 10-175725-W ; and that, if
any exemption to the above licensing requirements is claimed;
(1) The basis for the claimed exemption is: and;
(2) The names(s) and license number(s) of any general, mechanical, electrical, or plumbing
contractor(s) to be employed on the work are:
IT IS UNDERSTOOD THAT THE FILING OF AN APPLICATION CONTAINING FALSE OR
INCORRECT INFORMATION CONCERNING AN APPLICANT'S CONTRACTOR'S
LICENSE OR PRIVILEGE LICENSE WITH THE INTENT TO VOID SUCH LICENSING
REQUIREMENTS IS UNS WORN FALSIFICATION PUNISHABLE ACCORDING TO A.R.S. §
13-2704.
December 18. 2018
DATE
DBA Construction, Inc.
COMPANY
MCDOT Contract #. 2018-039 & 2018-040 Page 18 of 25

AFFIDAVIT OF COMPLIANCE
AFFIDAVIT BY CONTRACTOR CERTIFYING COMPLIANCE WITH HOUSE BILL 2745,
CHAPTER 152 REQUIRING USE OF E-VERIFY
STATE OF Arizona
)§
County of Maricopa
Tom Drysdale being first duly sworn, deposes and says:
That he/she is President of DBA Construction, Inc.
bidding on MCDOT Contract No. 2018-039 & 2018-040, JOC — MCDOT ADA Modernization
Services JOC, in the County of Maricopa, State of Arizona.
That, in connection with the above-referenced project, the contractor warrants that it is in compliance
with A.R.S. §41-4401 and further acknowledges that the contractor and its sub-contractors, if any,
warrant their compliance with all federal immigration laws and regulations that relate to their employees
and their compliance with A.R.S. §23-214, subsection A;
(Signature olAffi(nt)
Subscribed and sworn to before me this 18th day of December , 20018
JEANETTE L SAPON
NOTARY PUBLIC, ARIZONA
November 16, 2019 MARICOPA COUNTY
My Commission Expires
My Commission Expires November 16,2019
MCDOT Contract #. 2018-039 & 2018-040 Page 19 of 25

MARICOPA COUNTY SBE PARTICIPATION REPORTING FORM
This form is to be submitted with each pay application or invoice. Any pay application or
invoice without this form attached is subject to rejection as not being a completed pay
application or invoice pursuant to the terms of the contract.
_____________________________ ____________________
Name of Prime Consultant/Contractor Contract No.
________________________ _______________________________
Contact Person Project No.
_________ _ $
Street Address Amount of this Pay Application/Invoice
_____________________________
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for
this pay application/invoice. If work was self-performed and your firm, as the prime, is an SBE
firm pursuant to A.R.S. § 41-1001, et seq., then you may list your firm as the SBE firm.
Type of Work $ Pd to SBE this
SBE Firm Name SBE Firm Address
Performed App/Inv
$
$
$
$
$
$
$
$
$
$
□ A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant
or subcontractor with respect to this pay application/invoice.
Date: ___________________ ________________________________________
Signature
___________________________________________
Printed Name & Telephone Number
MCDOT Contract #. 2018-039 & 2018-040 Page 20 of 25

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
Certificate of Performance and Payment of ALL Claims
Project Name: JOC –
__ hereby certifies to the Maricopa County Department of
(Name of Signer)
Transportation (MCDOT) that all lawful claims for labor, rental of equipment, material used, and any
other claims by DBA Construction, Inc. or its subconsultants in connection with the project described
in MCDOT Contract No. 2018-039 & 2018-040, have been paid.
____________________________________ understands that with receipt of payment for any previously
invoiced amounts, plus any retained monies, that this is a settlement of all claims of every nature and kind
against MCDOT arising out of the performance of MCDOT’s Contract No. 2018-039 & 2018-040
relating to the material, equipment and work covered in and required by the contract.
The undersigned hereby certifies that to his/her knowledge, no contractual disputes exist in regard to this
contract and that he/she has no knowledge of any pending or potential claims in regard to this contract.
Upon submission of this document and a separate invoice for any retained funds to MCDOT, invoice
processing will be completed within sixty (60) calendar days.
State of Arizona )
)§
County of Maricopa )
Signed this _______ day of , 20 .
Signature
Title
Subscribed and Sworn to before me this day of , 20 .
Notary Public
My Commission Expires:
MCDOT Contract #. 2018-039 & 2018-040 Page 21 of 25

MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION
ON CALL CONSTRUCTION PAYMENT REQUEST
Submit to: Maricopa County Department of Transportation
Attention: Financial Branch Services
2901 West Durango Street
Phoenix, Arizona 85009-6357
CONTRACTOR’S NAME: ______________________________________ DATE:__________________
CONTRACTOR’S ADDRESS:___________________________________________________________
PROJECT NAME:_______________________________ PAYMENT REQUEST NO.:______________
CONTRACT No.:_______________________________ WORK ASSIGNMENT NO.:_____________
Work Assignment
TIME PERIOD_________ TO ____________ MCDOT Project Manager:_______________________
A. CONTRACTOR’S CONTRACT DATA
1. Maximum Contract Amount $_______________
2. Prior Contract Work Assignments $_______________
3. Total Remaining Contract Amount
(A.1 minus A.2 minus B.1) $_______________
B. CONTRACTOR’S NTE FEE, THIS CONTRACT ASSIGNMENT
1. NTE Fee, this Contract Work Assignment $_______________
2. Requested Payment: (Attach Backup Documentation)
1.____________________ 3._____________________ 5.____________________
2.____________________ 4._____________________ 6.____________________
3. Total Fee Earned To Date, This Contract Work Assignment $_______________
C. PAYMENT REQUEST DATA
1. Less Prior Payments, This Contract Work Assignment $_______________
2. Less Prior Retainage $_______________
3. Total Payment Request (B.3 minus C.1) $_______________
4. Less Retainage this Payment Request $_______________
5. Net Payment Request $_______________
(C 3 minus C4)
Submitted by:_____________________________________________________ Date:____________
Contractor
Payment Request Verification:________________________________________ Date:____________
MCDOT Project Manager
Approval to Pay:___________________________________________________ Date:____________
MCDOT Division Head
MCDOT Contract #. 2018-039 & 2018-040 Page 22 of 25

TITLE VI ASSURANCES
MCDOT Contract #. 2018-039 & 2018-040 Page 23 of 25

EXHIBIT A-SCOPE OF WORK
MCDOT Contract #. 2018-039 & 2018-040 Page 24 of 25

EXHIBIT B-FEE SCHEDULE
MCDOT Contract #. 2018-039 & 2018-040 Page 25 of 25